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(영문) 인천지방법원부천지원 2015.11.26 2014가단51468
건물철거 등
Text

1. The Plaintiff:

A. Defendant B and C each point of the attached sheet No. 1, 2, 3, 4, and 1, among forest land E 14,855 square meters in Kimpo-si.

Reasons

1. Basic facts

A. The Plaintiff is an owner of E forest land E 14,855 square meters (hereinafter “instant land”).

B. Defendant B and C are the owners of 1/2 shares of F 570 square meters and 1/2 shares of housing units on the above ground in Kimpo-si, Kimpo-si (hereinafter “instant land and housing”) and owned a building without permission on the above F land (hereinafter “instant building”).

C. The instant building occupies the portion of 12 square meters in the ship (i) which connects each point of the attached Table 1, 2, 3, 4, and 1 among the land owned by the Plaintiff in sequence and connects each point to the land owned by the Plaintiff (hereinafter “the instant building”).

On the other hand, while the Plaintiff was carrying out the work of piling up bricks on the boundary of land owned by the Plaintiff on October 17, 2014, Defendant D damaged the said construction by getting off the said bricks a lane, and obstructed the said construction. Defendant D was indicted due to the above act of causing property damage and issued a summary order of KRW 500,000 on December 17, 2014.

Accordingly, the above Defendant filed an application for formal trial with the Busan District Court Branch Decision 2014 High-Ma1549 on February 13, 2015, and damaged the property equivalent to KRW 500,000 in the market price by taking the Plaintiff’s main pole as a vehicle owned by the above Defendant on October 17, 2014, and damaged the property of KRW 500,000 in the market price by inserting one side of the Plaintiff’s main pole by inserting the Plaintiff’s main pole on October 18, 2014.

‘A fine of 300,000 won was sentenced for criminal facts.

E. The Plaintiff spent a total of KRW 1,635,00 in total of KRW 1,635,000 for the above construction cost, and KRW 850,00 in total.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 5 and images, the result of the commission of appraisal to appraiser G, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the ground of claim 1 as to the claim against Defendant B and C, the Plaintiff, the owner of the land owned by the Plaintiff, and Defendant B and C, among the instant building, occupy the instant building.

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